TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
April 24, 2006
Chairman Stephen Bodnar called the meeting to order at 7:30p.m.
Chairman Stephen Bodnar led the flag salute and explained the Rules of the Board.
Clerk Catherine Cicero called the roll: Chairman Stephen Bodnar present, Thomas Carringi present, Barbara Faraone absent, Clifford Hanehan present, Joyce Waldinger present, Bill Moreau present, James Burke present, and alternate Robert McConnell present. Chairman Stephen Bodnar recognized alternate Robert McConnell as a voting member of the Zoning Board of Appeals due to the absence of Barbara Faraone.
Also present: Zoning Officer Robert Hathaway and Town Supervisor Tom Wood.
Approval of Minutes: All board members present had read the minutes of the March 27, 2006 meeting. A motion was made by James Burke, and seconded by Joyce Waldinger, to accept the minutes of the March 27, 2006 meeting as written. Chairman Stephen Bodnar aye, Bill Moreau aye, Clifford Hanehan aye, Thomas Carringi aye, Joyce Waldinger aye, James Burke aye, and Robert McConnell aye.
Carried 7 0
Order of Business:
Richard LeBeau #06-06
39 Lindberg Avenue
Albany, NY 12204
S/B/L 206.6-2-9 Lake Residential
Mr. LeBeau addressed the Board, explaining that he is seeking a 100 road frontage variance to build a single family residence on Rogers Lane, which is a private road. The parcel has no road frontage on a public road.
Mr. LeBeau said that he sent notices to his adjoining neighbors, only two of whom responded. Several letters were returned as undeliverable. Mr. LeBeau presented a copy of his letter, copies of the neighbor addresses, and a response letter to the Board. The materials have been made a part of the permanent file of this application.
Mr. LeBeau explained that, of the two responses, one neighbor telephoned him to say that he supported the request for variance and the other wrote a letter stating that he did not want any variance to be granted. The neighbor added that he preferred that Mr. LeBeau not construct a driveway from the top of the hill. Mr. LeBeau said that he did not intend
to do that. Instead, Mr. LeBeau indicated that his property is right around the corner from Route 9P on Rogers Lane; therefore, his driveway would be very close to Route 9P
at the bottom of the road. He said that he will probably have to install a concrete storm drain in order to access the property.
Mr. LeBeau did not have any building plans; he explained that he had been advised by Town Zoning Officer Robert Hathaway that he should obtain a variance before proceeding with any house plans. He did bring his deed and a survey of the property that had been done by a previous owner. The Board determined that the property had been legally subdivided prior to 1982.
Mr. LeBeau stated that he would like to build a 2-story, with approximately 2500-2800 square feet; roughly 1400 square feet per floor. He has contacted an engineering firm that specializes in designing homes for narrow lots since his lot is only 100 wide.
In response to a question from Clifford Hanehan, Mr. LeBeau stated that there had never been a building on the lot. Clifford Hanehan then asked for information regarding the placement of the home on the lot, and where the well would be situated. Mr. LeBeau said the home would be centered on the lot in order to meet setback requirements. He intends the house to be a year-round residence. Zoning Officer Robert Hathaway suggested that the house plans be approved by Town Engineer Kenneth Martin prior to construction.
Robert McConnell asked whether the neighbors behind the property responded because there would probably be view issues for them.
There followed a discussion on the location of the neighbors who responded to Mr. LeBeaus letter in relation to his property. The discussion included a comment that these properties change ownership frequently and that it is sometimes difficult to find the current owner. It was noted that Mr. LeBeau did meet the legal requirements in trying to contact his neighbors and the application for a variance was legally noticed in the Saratogian.
Barbara Faraone was unable to attend the meeting, but forwarded a list of comments and questions regarding the application which were primarily directed at the unsafe condition of Rogers Lane, which is a steep, washed out road. The list has been made a part of the permanent file of this application. The Board noted that Mr. Donald Leu owns Rogers Lane and that State law requires that ingress and egress be allowed on a private road in order to reach properties that have been subdivided without direct access to a public road.
Proof of notice having been furnished on April 14, 2006, Chairman Stephen Bodnar opened the Public Hearing at 7:56 p.m. for public comment. There were no interested parties; the Public Hearing was closed.
Chairman Stephen Bodnar asked the Board members if they had any further questions. They did not. He then asked Town Supervisor Tom Wood if he had any input. He did not.
Chairman Stephen Bodnar made a motion, seconded by Robert McConnell, to grant the variance with the condition that no construction would commence on the
property until Town Engineer Kenneth Martin has reviewed and approved the building plans.
Chairman Stephen Bodnar aye, Bill Moreau aye, Clifford Hanehan aye, Thomas Carringi aye, Joyce Waldinger aye, James Burke aye, and Robert McConnell aye.
Carried 7 0 GRANTED WITH CONDITIONS
Barney & Shirley Drumm #06-07
139 Coveville Rd.
Schuylerville, NY 12871
S/B/L 182.-1-68 Rural
Mr. and Mrs. Drumm attended last months Zoning Board of Appeals meeting and requested advice from the Board at the Information stage. They propose to purchase a 14.25+/- parcel, add it to their current property, which adjoins it in the rear and includes a saw mill. They would then subdivide and sell off a 165x400 piece that includes a residence. The portion of the purchased property that would be retained includes a trailer that the Drumms intend to lease.
Mr. Drumm stated that the depth of the proposed subdivision was constrained by a slope and woodlot in the back and its width by the placement of the trailer along the road frontage.
Proof of notice having been furnished on April 20, 2006, Chairman Stephen Bodnar opened the Public Hearing at 8:05 p.m. for public comment. There were no interested parties; the Public Hearing was closed.
Clifford Hanehan made a motion to grant the variance, stating that he was comfortable making the motion, given the facts of the application, and was gratified that a parcel would result in being made larger. Robert McConnell seconded the motion. Chairman Stephen Bodnar aye, Bill Moreau aye, Clifford Hanehan aye, Thomas Carringi aye, Joyce Waldinger aye, James Burke aye, and Robert McConnell aye.
Carried 7 0 GRANTED
Old Business: There was a discussion regarding the revision of ZBA applications. Zoning Clerk Catherine Cicero will incorporate the revisions into a new form.
New Business: Clifford Hanehan reported an experience in a nearby Town that disallowed building on a pre-existing non-conforming lot. He said he would research the matter further and report back to the Board.
Town Supervisor Tom Wood summarized the actions taken at the last Town Board meeting for the Board.
Chairman Stephen Bodnar gave the Board an update on the Quaker Springs fire house to be built on the Lake. He said that the Fire District should receive the title to the property within the next 3 weeks, and added that the groundwork would be done at the same time that Mr. Giovanone does his on the adjoining property.
The next regular meeting will be May 22, 2006 at 7:30 p.m.
Robert McConnell made a motion to adjourn at 8:57 p.m. The motion was seconded by James Burke. Chairman Stephen Bodnar aye, Bill Moreau aye,
Clifford Hanehan aye, Thomas Carringi aye, Joyce Waldinger aye, James Burke aye, and Robert McConnell aye.
Carried 7 0
Catherine E. Cicero